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PEOPLE v. GARCIA

Appellate Division of the Supreme Court of New York, Second Department.
Jun 17, 2008
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Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor's summation denied him due process and a fair trial is unpreserved for appellate review, as he either failed to object to remarks he now contests or made only a general objection ( see CPL 470.05; People v Romero, 7 NY3d 911, 912; People v Small, 45 AD3d 705). In any event, a review of the challenged comments reveals that they were either responsive to defense counsel's summation or fair comment on the evidence ( see People v McHarris, 297 AD2d 824, 825; People v Russo, 201 AD2d 512, 513).

The defendant's remaining contention is without merit.